Sometimes, conflict arises on a construction job site. Whether you are an owner-developer, contractor or subcontractor, you may be facing a disagreement that requires a deeper look at the contract to determine rights and responsibilities.
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Construction Litigation
Cunningham & Co. assists owner-developers, contractors, and subcontractors with construction law claims. We can assist if you are facing delays, early terminations, unpaid invoices, deficiencies, amongst other issues.
What is a Builders Lien?
A builders lien was created by the Builders Lien Act, SBC 1997 c. 45 to help secure a contractor, subcontractor, or worker for unpaid invoices under the contract. It can be registered on the land, which provides additional security so that you can get paid for work done or material supplied, which you have not been paid for.
Likewise, if you are facing a builders lien filed on your property, you will want to contact a lawyer to help remove the lien from your title and defend a claim of lien filed on your property, where someone has done so improperly.
What is a CCDC Contract?
CCDC stands for Canadian Construction Documents Committee. It refers to standardized construction contracts that are commonly used at the beginning when entering a project. Often times, additional terms will be added to the standardized CCDC Contract. You may want a lawyer to review and negotiate these terms on your behalf.
Common Situations That May Lead to Construction Litigation
Disputes may arise in construction due to a wide range of issues:
- Delay in completing a project, or claim for delay costs;
- Early termination of a construction project;
- Unpaid invoices or failing to pay the holdback, in which a builders lien is required to secure your claim;
- Dispute resolution such as arbitration and mediation under the CCDC contract on disputes such as scope of work that was agreed to; and
- Significant deficiencies left behind by a subcontractor.
Steps to Take When a Construction Dispute Arises
If you find yourself involved in a dispute on a job site, it’s important to:
Document key facts and dates: Gather contracts, change orders, emails, invoices, and written communications.
Review the Contract: There is typically a dispute resolution clause in the contract, which you can request for. You may want to speak to a lawyer to help you understand the clause, and properly implement it.
Attempt to resolve the issue informally: Many disputes can be resolved through direct negotiation.
Seek legal advice early: A lawyer can assess your position, outline your legal options, and help you avoid missteps that might weaken your case, including in communication with the other side.
Legal Remedies Available in Construction Litigation
In construction law, the initial contract outlines specific rights and responsibilities. As mentioned above, there may be a specific dispute resolution clause (such as mandated arbitration) that you would be required to go through, before escalating the matter further.
Where you are facing unpaid invoices, you will want a lawyer to file a builder’s lien before the deadline. If you are facing unanswered communication, you may want a lawyer to send a letter to accelerate communication.
In the end of the day, skillful negotiations may be key to resolving your dispute. Where necessary, a lawyer can advise you when court action may be the next appropriate step.
It is important to discuss your specific situation with a lawyer who can help you determine the appropriate remedy.
When to Hire a Construction Lawyer
Depending on the dispute you are experiencing, you may need a lawyer to help you file or defend a builders lien claim, which can have strict deadlines.
At Cunningham & Co., we assist clients with assessing what are the appropriate next steps, evaluating potential risks to your legal entitlements, and determining whether further action is in your best interests. We help negotiate, draft and respond to applications and where necessary, represent clients at court.
